March 30, 2011 City Council Meeting & Joint Work Session

Minutes of the special Payson City Council meeting held Wednesday, March 30, 2011 at 5:00 p.m. and the joint work session with Santaquin City Council beginning at 6:00 p.m.

Mayor Rick Moore presiding.

ROLL CALL: Payson Mayor Rick Moore; Payson City Council members: Brad Daley, JoLynn Ford, Kim Hancock, Mike Hardy, and Scott Phillips; Payson City Manager Dave Tuckett, and Payson City Recorder Jeanette C. Wineteer.

AGREEMENT – RCL ECONOMIC STUDY

Manager Tuckett presented the proposed agreement between Payson City and RCL Co. for an economic analysis to determine the levels of opportunity for commercial, industrial and residential development in Payson. The proposal-agreement outlines the scope of work, time frame (within 30 days), and fees (in which they have placed a ceiling of $24,000). He has talked to Farmland Reserve and found that they will grant Payson City an amount of $23,000 to use for development of the “Temple area”, so we could use it towards this study if needed.

He also stated that we have been talking to businesses on North Main and explained to them that the Council has adopted a resolution approving that UDOT look at moving the freeway interchange.

Councilmember Hancock suggested that the interchange, etc. all be looked at in the RCL study and to let the businesses know that.

MOTION by Councilmember Hardy to approve the proposal-agreement from RCL Co. to do a Market Opportunity Analysis for Payson as presented. Motion seconded by Councilmember Hancock. Motion carries.

OTHER

Mayor Moore read a Proclamation declaring March 30, 2011 as “Welcome Home Vietnam Veterans Day” in Payson City.

MOTION by Councilmember Ford that the Council agrees with proclaiming March 30, 2011 as “Welcome Home Vietnam Veterans Day” in Payson City. Motion seconded by Councilmember Phillips. Motion carries.

BREAK FOR DINNER

MOTION by Councilmember Phillips to take a break for dinner with the Santaquin City. Motion seconded by Councilmember Ford. Motion carries.

Council took a break at 5:15 p.m.

CONVENE JOINT MEETING WITH SANTAQUIN CITY COUNCIL

Payson City Council convened with Santaquin City Council at 6:05 p.m. in the Payson City Center Banquet Hall.

ROLL CALL: Payson Mayor Rick Moore; Payson City Council members: Brad Daley, JoLynn Ford, Kim Hancock, Mike Hardy, and Scott Phillips; Payson City Manager Dave Tuckett, and Payson City Recorder Jeanette C. Wineteer. Santaquin Mayor James E. DeGraffenried; Santaquin City Council members: Filip Askerlund, James Linford, Rick Steele, and Brent Vincent.

PRAYER & PLEDGE OF ALLEGIANCE

Prayer offered by Santaquin Councilmember Jim Linford and Pledge of Allegiance led by Payson Councilmember Scott Phillips.

DISCUSSION REGARDING A POSSIBLE INTERLOCAL BOUNDARY AGREEMENT

Mayor Moore welcomed those in attendance and outlined the meeting format and explained when public comment would be taken.

Mayor Moore described and explained that each City has a General Plan and an Annexation Plan, so when Payson and Santaquin sent those into the State, we found that lines overlap. He explained:

·  Mayor More and Mayor DeGraffenried met with staff members (December 2010)

Discussion points included:

o  Cities need to work together to benefit the area

o  Effect of past and current annexations on city budgets, county residents, planning practices has not been positive

o  How to create a “line in the sand” which is mutually beneficial

o  Get the two City Councils together to discuss the matter and take the issue to affected county residents

·  Payson and Santaquin City Councils met to further discuss the annexation issue (January 2011)

·  Discussion points included:

o  Cities need to work together to benefit the area

o  Effect of past and current annexations on city budgets, county residents, planning practices has not been positive

o  Annexations should be landowner driven not initiated by cities

o  Could a line in the sand impact property owners’ rights to chose?

o  Where an overlap occurs, the General Plan of both cities should be consistent so that future uses will be complementary

o  Possible 1-2 year moratorium on annexations within the overlap area and its impact on property owners’ rights to improve land

o  The Council’s need to understand the concerns of property owners and county residents.

Because public input is so important, no final decisions have been made.

He asked for public comment and explained that comments should be delivered at the podium. In order not to take up extra time, he would appreciate it if everyone would not repeat what someone else has said; just to mention that they agree. All comments will be recorded and should be kept to 3-5 minutes. He asked everyone to be courteous and keep in mind that we are working together to preserve and enhance the quality of life.

Mayor Moore described where some annexations in the area that have already been started are located. He explained that the West Meadows Annexation is going forward, but South Farms Annexation has some protests and will have to be heard by the County Boundary Commission.

Jim Saunders asked what the benefits were between the two cities. He would like an explanation of what the costs would be to build in each. He understands neither of the cities would charge a connection fee when annexed, but only as homes are connected. He said he owns property in this area and wondered what it would cost if his daughter wanted to build.

Santaquin Community Development Director Dennis Marker said they are discussing a policy that homes would not have to pay connection fees when annexed, but that is not policy yet. He explained that right now their impact fees are roughly $11,000 for a new home. Their ordinances allow you to provide your own pressurized water, culinary water, and sewer. However if a development comes in and the sewer line gets within 300 feet of your property, by State law, you have to connect.

Payson City Planner explained that some of Payson’s policies are similar. We have an ordinance called the “holding zone”, that allows a property annexed to stay just like you are in the County until developed. Impact fees can be a little different depending on whether rural development or suburban development is occurring. In rural development there is an ability for landowners to utilize their own onsite services (water, sewer), but if it is urban development you would be required to extend water, sewer lines, etc. She explained that there would be no impact fees if it is rural development, because the whole basis of an impact fee is when you connect to the established systems there is an impact on that system and that is when you have to pay the impact fee.

Jim Saunders said there is a lot of open ground in this area and most of the properties have wells for culinary water and most don’t have fire hydrants. He asked what the requirement was to get fire suppression in the area.

Payson Chief Scott Spencer explained there are different requirements for fire flows whether you live in the city or the county. With new development and limited water availability you could have an option to put in a fire sprinkling system. Some instances you would have to provide a fire hydrant, but for one home it would not be feasible. Our A–5 Holding Zone wouldn’t require anything different than is required in the county unless you are developing the properties for more housing.

Dennis Marker from Santaquin said they would look at the development standards and in an agriculture area you could provide fire suppression on your own properties as long as it meets the requirements. He said that Mont Depew is building a couple of homes and he is looking at his options right now for fire suppression. The cost would depend on how far you have to put in pipes so he couldn’t give a firm cost at this point.

Mr. Saunders noted that we are not talking a couple hundred or a couple thousand dollars then.

Dale Saunders described an area that Santaquin annexed and only had one signature for the 263 acre annexation. He said he filed a dis-connect for some of this property today, but would like to see Oren Wall’s property left in Santaquin. Because all the areas in Spring Lake have Payson addresses, phone numbers, and they shop in Payson and go to school in Payson they don’t want to be in Santaquin.

Juana Viragos lives in Santaquin and she said she knows that everyone says that the final process will be determined by the landowners and has a problem with that because when the Santaquin sign went up, they all wondered when that happened. She also wondered about the water reclamation project in Santaquin and mentioned her sewer bill and felt like Santaquinites would have to keep paying for future costs. She needs more information before she can make a decision, like what the tax base of each city would be, and where the UDOT freeway exit is planned because that will impact the area. She felt like everyone wanted to know what Santaquin and Payson want to look like in the future.

Payson Mayor Moore said we would like to mesh the two cities as they come closer together so the zoning is something the two cities are each comfortable with. What we are trying to do is get away from annexations and try to just plan for the area. His hope is that we can all work through this, and keep any annexation development driven. He said this area is one of the prettiest areas we have in the county and believes everyone realizes that and wants to keep it that way. Farming is an important part of this area and he would like to keep it, but reality is growth is coming and our General Plans need to be updated and include what we all want.

Santaquin Mayor DeGraffenreid agreed that we want to play in the same sand box, just hope we can keep the cats out. As we go through the process, he wants to keep it like what it is like out there now. Santaquin has expressed the desire for people to come into their city if you want to. He doesn’t want to see a road cut through properties, but growth will come and we need to prepare for it. He said they want to work with Payson and more importantly have a committee of staff members and people from the area.

Robert McMullin said he has two brothers and a sister that farm in the West Mountain area around 12000 S 5600 W and they want to continue to farm and have no interest to come to either city, but when that time comes (after he is gone) it will be up to those left to choose and they will go where the best deal is. He appreciates the mayors trying to work things out.

Joy Benson asked for clarification of meshing. She also said those people annexed already spoke and they want to be in Payson yet Santaquin doesn’t want to allow them to and are protesting.

Mayor Moore clarified that we want to plan the area in both cities so that they will have compatible zoning. He explained that Payson did an interlocal with Salem similar to what we want to do with Santaquin and it seems to work out and gives everyone an idea to what the area is going to be like in the future.

Manager Tuckett explained where Payson’s plan and Santaquin’s plan overlaps and the reason we are having these discussions.

Mark Marvin still felt that Santaquin crossed over onto Payson’s side because the natural barrier has always been the canal.

Residents stated that they prefer to stay in the County, but they fear that if they try to stay County it may be gobbled up by Santaquin in annexations.

Councilmember Daley understands everyone’s frustration and that is the reason we are here tonight because both cities are frustrated. He explained that Payson City reacted because we had a lot of Spring Lake residents respond to the Santaquin annexation they didn’t like and so we tried to get a petition to annex some property in that area. Santaquin didn’t like that so they filed a petition, which makes us in a stalemate.

He then explained that there is a mechanism for properties to de-annex and Mr. Saunders is using that mechanism. Tonight was not intended to get people upset, but to just hear what you want. He said that Payson has an ordinance (the holding zone) so if you are annexed you can stay just as you are until you develop. He has heard Santaquin also say that they don’t have an ordinance but that is their policy.

Marva Loy Eggett explained the history of the area and that the Spring Lake forefathers donated the lake to Payson because they felt that we would be part of Payson some day.

Councilmember Daley asked those in attendance where they would prefer the line to be located. And the majority indicated that they would like the line more south by the canal.

The audience noted that the politicians were taking most of the time and they want to have their time to speak.

Payson City Manager Tuckett said we want to hear your statements, but explained that the cities are trying to answer questions that have been asked and that are what is taking the time.

Ted Peacock said he lives at 5021 W 12400 S and wanted to put the Councils on notice that there is a small area on both sides of 12400 S that has established an agriculture protection area. He read the state statute regarding that. He felt the need for farm ground to be protected and suggested that the citizens that farm in the county, create that agriculture protection area. He then gave statistics of each city and said there is only 16% of the land in Santaquin that is developed, so there is a lot of open area already in Santaquin and suggested that be developed before any new annexations. He said Payson is 63% developed. He said that if just those undeveloped areas are developed in each city it would give each city about 30,000 residents. If those areas are not developed first you look at urban sprawl and lose the farmlands.